Terms and Conditions
BUYER means the person who accepts a quotation from Silverprint Ltd for the sale of Goods or whose order for the Goods is accepted by Silverprint.
GOODS means the good, (including any instalment of the goods or any parts of them) which Silverprint will supply in accordance with these Conditions.
SILVERPRINT means Silverprint Ltd of 12 Valentine Place, London SE1 8QH
CONDITIONS means the standard terms and conditions of sale set out in this document and (unless the context or otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Silverprint.
CONTRACT means the contract for the purchase and sale of the Goods
WRITING includes e-mail, facsimile transmission, PDF transmission and comparable means of communication.
2.1Silverprint shall sell and Buyer shall purchase the Goods in accordance with any quotation of Silverprint which is accepted by the Buyer, or any written order of the Buyer which is accepted by Silverprint subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and Conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made, by the Buyer
2.2No variation to these Conditions shall be binding unless agreed in Writing between the authorised representative of the Buyer and Silverprint.
2.3Silverprint's employees and agents are not authorised to make any representations concerning the Goods unless ,confirmed by Silverprint in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed,
2.4Any advice or recommendation given by Silverprint or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Silverprint is followed or acted upon entirely at the Buyer's own risk, and accordingly Silverprint shall not be liable for any such advice, or recommendation which is not so confirmed.
2.5Any typographical, clerical or other error or omission in any sales literature, quotation, price list acceptance of offer, other document or information issued by Silverprint shall be, subject to correction. without any liability on the part of Silverprint.
2.6The relationship between Buyer and Silverprint should be cordial, and if this relationship is deemed by Silverprint to have broken down Silverprint reserves the right to withdraw from the Contract and refund any monies owed to the Buyer. 3. Orders and Specifications
3.1No order submitted by the Buyer shall be deemed to be accepted by Silverprint unless and until confirmed in Writing by Silverprint"s authorised representative.
3.2The Buyer shall be responsible to Silverprint for the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer for giving Silverprint any necessary information relating to the Goods within a sufficient time to enable Silverprint to perform the Contract in accordance with Its terms.
3.3The quantity quality and description of and any specification for the Goods shall be those set out in Silverprint's quotation (if accepted by the Buyer) or the Buyer s order (if accepted by Silverprint)
3.4 Silverprint reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or which do not materially affect their quality or performance.
3.5No order which has been accepted by Silverprint may be cancelled by the Buyer except with the agreement in Writing of Silverprint and on terms that the Buyer shall indemnify Silverprint in full against all loss (including loss of Profit) costs (including the cost of all labour and materials used), damages. charges and expenses incurred by Silverprint as a result of cancellation.
3.6Minimum order: No minimum value for UK orders. £100 for international orders. All UK orders must legally carry VAT at the standard rate with the exception of the channel Islands.
4.1 The price of the goods shall be Silverprint?s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in Silverprint?s website at the date of acceptance of the order.
4.2Silverprint reserves the right, to increase the price of the Goods to reflect any increase in the cost to Silverprint which is due to any factor beyond the control of Silverprint (such as without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions to the Buyer or failure of the buyer to give Silverprint adequate information or instructions. Silverprint will endeavour to inform the buyer of such a price increase. prior to delivery.
4.3In the event of Silverprint being unable to inform the buyer of a price increase prior to delivery, Silverprint will accept the return of the Goods in their original condition if the new price is unacceptable to the buyer.
4.4Except as otherwise stated under the terms of any quotation or in any price list of Silverprint and unless otherwise agreed in Writing between the Buyer and Silverprint, all prices given by Silverprint are on an ex-works basis, and where Silverprint agrees to deliver the goods other than at Silverprint's premises, the Buyer shall be liable to pay Silverprint's charges for transport packaging and insurance. Without prejudice to the above and in any event Silverprint reserves the right to charge carriage at cost for all deliveries except those specified carriage free in Silverprint's order schedule.
4.5The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to Silverprint
5.1Subject to any special terms agreed in Writing between the Buyer and Silverprint, Silverprint shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods in which event Silverprint shall be entitled to invoice the Buyer for the price for the price at any time after Silverprint has notified the buyer that the goods are ready for collection or (as the case may be) Silverprint has tendered delivery of the goods.
5.2The Buyer shall pay the price of the Goods within the stated account terms of Silverprint and Silverprint shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3 If the buyer fails to make payment on the due date then, without prejudice to any other right or remedy available to Silverprint, Silverprint shall be entitled to;
- 5.3.1 Cancel or suspend any further deliveries to the buyer;
- 5.3.2 Appropriate any payment made by the Buyer to such of the Goods (or any other Goods supplied under any other contract between the Buyer and Silverprint) such as Silverprint may think fit (notwithstanding any purported appropriation by the Buyer); and
- 5.3.3 Charge the buyer interest (both before and after any judgment) on the amount unpaid at the rate of 2 per cent per annum above the Bank of England's minimum lending rate from time to time, until payment in full is made )a part of a month being treated as a full month for the purpose of calculating interest).
6.1Delivery of the Goods shall be made by the Buyer collecting the Goods at Silverprint's premises at any time after Silverprint has notified the Buyer that the Goods are ready for collection or if some other place for delivery is agreed by Silverprint, by Silverprint delivering the goods to that place.
6.2Any dates quoted for delivery of the goods are approximate only, and Silverprint shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence of the contract unless previously agreed by Silverprint in Writing. The Goods may be delivered by Silverprint in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.3Postage cost: UK Standard Carriage charge scheme is to all UK addresses. We have a simple charge system, £7.50 to all areas of the UK on all consignments up to £100 value (inc VAT). Above £100 value we absorb the shipping cost and the delivery is free to the customer. For UK deliveries we use Parcelforce, whom we have found to be the most efficient carrier for home deliveries. A signature is required on delivery, and if a delivery cannot be effected, a card requesting arrangement of an alternative delivery time should be left at the address.
Also Parcelforce have the ability to leave your Parcel at the local Post Office, which is one of the reasons we use their service;
PARCELFORCE – Customer Services 08448 00 44 66
Delivery can be up till 5.00 pm.
6.4Express delivery costs: 24 Hour Rapid Carriage delivery is £12, no matter the amount of the order. This service is available to most of the UK, however Highlands and Islands can become problematic in guaranteeing this service. Please contact us if you’ve any queries regarding Highlands and Islands. Rapid Carriage orders must be placed by 2pm today for next working day delivery. Otherwise an order will be processed the following working day.
Delivery can be up till 5.00 pm.
6.5Delivery in Europe: We have a minimum order of £75 Sterling European deliveries, and outside Europe are handled by selected sub-contractors who have been found to offer the best combination of price and service, please see Zone Tariff below. We have excellent shipping rates to most European destinations, and the price shown includes weights up to 25kg. We regret we are unable to send chemicals, both raw chemicals and manufactured products to destinations outside the UK.
- Zone 1 = £15.00. Zone 1 comprises; Belgium, Luxembourg, France, Netherlands, Germany, Republic of Ireland, Austria, Denmark, Switzerland, Czech Republic, Italy, Slovakia, Spain.
- Zone 2 = £20.00. Zone 2 comprises; Croatia, Estonia, Finland, Hungary, Greece, Norway, Poland, Portugal, Sweden, Slovenia, Latvia, Lithuania, Iceland, Rumania, Bulgaria, Tunisia, Turkey, Bosnia, Serbia.
These prices are without VAT if applicable. For extremely urgent deliveries where precise timing is required we can use an express courier service, and we normally offer TNT - the charges for this level of service are much higher and must be quoted on an individual basis.
6.6Worldwide Delivery outside Europe: We have a minimum order of £75 Sterling. We regret we are unable to send chemicals, both raw chemicals and manufactured products to destinations outside the UK.
Please contact us for shipping quotations to worldwide destinations, which will be worked out on an individual basis depending on urgency and budget.
7.1Risk of damage to or loss of the Goods shall pass the the Buyer:
- 7.1.1 in the case of Goods to be delivered at Silverprint's premises, at the time when Silverprint notifies the Buyer that the Goods are available for collection; or
- 7.1.2 In the case of Goods to be delivered otherwise than at Silverprint's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time when Silverprint has tendered delivery of the Goods
7.2Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the property in the Goods shall not pass to the Buyer until Silverprint has received in cash or cleared funds payment in full if the price of the Goods and all other Goods agreed to be sold by Silverprint to the Buyer for which payment is then due.
7.3Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Silverprint 's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as Silverprint?s property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
7.4Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Silverprint shall be entitled at any time to require the Buyer to deliver up the Goods to Silverprint and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Silverprint but if the Buyer does so all moneys owing by the Buyer to Silverprint shall (without prejudice to any other right or remedy of Silverprint) forthwith become due and payable.
8.1 Silverprint shall be under no liability in respect of any defect in the Goods arising from any drawing, design, or specification supplied by the Buyer.
- 8.1.1 Silverprint shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions. failure to follow Silverprint?s instructions(whether oral or in writing), misuse or alteration or repair of the Goods without Silverprint?s approval.
- 8.1.2 Silverprint shall be under no liability whatsoever and howsoever caused if the total price for the goods has not been paid by the due data for repayment.
- 8.1.3 Silverprint shall be under no liability in respect of any parts, materials or equipment not manufactured by Silverprint in respect of which the Buyer shall only be entitled to the benefit of such warranty or guarantee as is given by the manufacturer to Silverprint.
8.2Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to Silverprint within 7 days from the date of delivery. If delivery is not refused. and the Buyer does not notify Silverprint accordingly, the Buyer shall not be entitled to reject the Goods and Silverprint shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.3Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their their failure to meet specification is notified to Silverprint in accordance with these Conditions, Silverprint shall be entitled to replace the Goods (or the parts in question) free of charge or, at Silverprint?s sole discretion, refund to the Buyer the price of the Goods (or proportionate part of the price) but Silverprint shall have no further liability to the Buyer
8.4Except in respect of death or personal injury caused by Silverprint?s negligence Silverprint shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence of Silverprint , its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of Silverprint under or in connection shall not exceed the price of the Goods , except as expressly provided in these Conditions,
8.5Silverprint shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Silverprint?s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Silverprint's reasonable control, without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Silverprint s reasonable control:
- 8.5.1 Act of God, explosion, flood, tempest, fire or accident
- 8.5.2 War, or threat of war, sabotage, insurrection, civil disturbance or requisition;
- 8.5.3 Acts, restrictions, regulations, bye-laws. prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- 8.5.4 Import or export Regulations or embargoes;
9.1 This clause applies if:
- 9.1.1 The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
- 9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- 9.1.3 The Buyer ceases, or threatens to cease to carry on business; or
- 9.1.4 Silverprint reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If this clause applies then, without prejudice to any other right or remedy available to Silverprint, Silverprint shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1The Contract and the Conditions shall be governed by the Laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
11.1 All Silverprint products are labelled according to chemical laws regarding dangerous goods The possible dangers are clearly highlighted on the product labels through warnings, symbols, descriptions and advice. Protection measures are also given in the safety advice as well as concentration levels of the delivered products.
11.2. All safety instructions must be observed when using the products, and containers must be clearly labelled, Products should be kept out of children?s reach and stored away from food and drink. Protective measures should also be taken when using these products.
11.3 Always use protective gloves and glasses where required. Ensure that you use these products in a well ventilated area.
11.4 All requests for Health & Safety data sheets should be made to Silverprint Ltd, 12 Valentine Place, London SE1 8QH
12.1 Silverprint shall ensure that all transport laws regarding dangerous goods are observed and practiced. The statutory warning label of an orange cross on a black background will be clearly marked on all chemical products.